making a will
Jan 5th 2018, 5:03 pm
#1
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Joined: Jun 2013
Location: UK
Posts: 19
making a will
Hi, has anyone any advice they could give me about writing a will, currently my dad has a will which was made in Spain and includes his house in England and his house in Spain and a bank account in each of these countries with my sister being the executor. My dad has lived in Spain for 12 years and is a resident.
What would be the procedure when he passes away, she wants to know what she will have to do, where to go etc as none of us live in Spain but in England. We also think that it might be better to have two wills one for England and one for Spain to keep everything separate and make it easier, is this possible?
Before she seeks legal advice I thought I would ask here first to get a general bit of advice if possible.
Thank you.
What would be the procedure when he passes away, she wants to know what she will have to do, where to go etc as none of us live in Spain but in England. We also think that it might be better to have two wills one for England and one for Spain to keep everything separate and make it easier, is this possible?
Before she seeks legal advice I thought I would ask here first to get a general bit of advice if possible.
Thank you.
Jan 5th 2018, 5:27 pm
#2
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Joined: Aug 2009
Location: Costa Blanca
Posts: 3,143
Re: making a will
Worth a look here
Is a Spanish Will obligatory when you have Assets in Spain?
http://www.pellicerheredia.com/en/al...-Spanish-Wills
Is a Spanish Will obligatory when you have Assets in Spain?
http://www.pellicerheredia.com/en/al...-Spanish-Wills
Last edited by spainrico; Jan 5th 2018 at 5:33 pm.
Jan 5th 2018, 5:51 pm
#3
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Joined: Aug 2012
Location: Granada Province
Posts: 549
Re: making a will
Advice I received in the UK and Spain which I followed was to have a UK will in respect of UK assets with a mention (cross ref I suppose) to the Spanish Will in respect of Spanish assets AND a Spanish will set up for Spanish assets with the mention of the UK will as above.
Remember that your Dad is a Spanish resident, so you have 6 months to sort Probate from the date of his (sad) death with the Spanish Hacienda, including any Inheritance Tax, after that you will incur fines for any late submission which increase the longer the Probate is not settled.This may well apply to all his Worldwide assets, so best to get the base covered. He is also still a British Citizen (I assume), further complicating things. I will assume he has included in his Spanish will the direction that he wishes the Law applicable to inheritance of his estate to follow his 'natural' UK law?
Also remember that there will be a perfect storm when the UK 'BREXITS' and you and yours are no longer EU Citizens and you are trying to sort a Spanish residents estate and IHT. Unless an agreement is made, your tax position(s) will alter hugely post Brexit (also dependant on where Dad lives)!
Finally, its a big deal, so TAKE PROFESIONAL ADVICE in the UK and / or Spain if in any doubt. I believe that a simple will in the UK is no more than £100.
Good luck.
Remember that your Dad is a Spanish resident, so you have 6 months to sort Probate from the date of his (sad) death with the Spanish Hacienda, including any Inheritance Tax, after that you will incur fines for any late submission which increase the longer the Probate is not settled.This may well apply to all his Worldwide assets, so best to get the base covered. He is also still a British Citizen (I assume), further complicating things. I will assume he has included in his Spanish will the direction that he wishes the Law applicable to inheritance of his estate to follow his 'natural' UK law?
Also remember that there will be a perfect storm when the UK 'BREXITS' and you and yours are no longer EU Citizens and you are trying to sort a Spanish residents estate and IHT. Unless an agreement is made, your tax position(s) will alter hugely post Brexit (also dependant on where Dad lives)!
Finally, its a big deal, so TAKE PROFESIONAL ADVICE in the UK and / or Spain if in any doubt. I believe that a simple will in the UK is no more than £100.
Good luck.
